Effective November 1, 2022, the state of Oklahoma (OK) is imposing new compliance regulations (Bill No. 3168) in addition to nationwide, federal TCPA regulations and industry standards required by cellular carriers. The impact specifically to SMS is currently unclear. Our team is actively monitoring and working on additional solutions as these types of state-level regulations become more common.
The penalty (per person receiving non-compliant messages) is $500 per violation. These legislation-level changes will affect all brands that have subscribers in Oklahoma, regardless of what SMS platform they’re using.
What’s Changing and When?
Shorter waking hours for Oklahoma residents. Starting November 1st, 2022, Oklahoma’s waking hours are 8:00 AM to 8:00 PM CT for both campaigns and automations.
Prior to November 1st, Oklahoma followed standard Global (US/CAN excluding FL) waking hours. Learn more about waking hours here.
In addition to shorter waking hours, Oklahoma residents can receive up to three marketing messages within a rolling 24-hour window. This includes all marketing messages such as campaigns and automations.
How You Can Prepare
Your shop does not need to take any action to limit the amount of marketing messages your Oklahoma-based subscribers will receive.
At Postscript, we've implemented safeguards to assist shops in complying with Oklahoma’s new legislation messaging limits. These safeguards ensure that once a subscriber meets their three message limit within a rolling 24 hour window, any additional marketing messages will not be sent to that subscriber and your brand will not be charged for any blocked messages.
Adjust your plans for sending campaigns to Oklahoma-based subscribers to account for the new quiet hours. Plan to send legacy campaigns only during Oklahoma’s waking hours (8:00 AM to 8:00 PM CT). If you need to send a campaign during Oklahoma’s quiet hours, follow the instructions below to build a campaign that will exclude your Oklahoma subscribers using flow builder.
- Select Messaging in the side menu of your Postscript dashboard, then select Segments.
- Select Create Segment in the upper-right corner of the page.
- Name your segment. Choose a name that tells you who the segment targets. We recommend " ”.
- Add the criterion Subscriber Phone State (US Only) equals Oklahoma.
- Select the + OR connector and add the criterion Customer Shipping Address State equals. In the value field, add the two-letter state abbreviation OK.
- Save your segment by clicking Save Segment in the bottom-right corner of the page.
- Once your segment is saved, head to Messaging, then select Flow Builder.
- Create Flow in the upper-right corner, then choose Campaign. Select Template or Create a new campaign then click Continue.
- Under Campaign properties, select the dropdown under Excludes (optional). Find and select your newly created Oklahoma-only Subscribers segment.
- Select your Includes segment and then resume crafting your campaign as normal. These campaign properties will exclude Oklahoma-based subscribers.
No action is required for your shop’s automations, automation flows, or campaign flows.
If a subscriber triggers a legacy automation or an automation flow during quiet hours, Postscript will hold off sending the automation message until waking hours begin in the subscriber's timezone based on the subscriber’s area code.
Similarly, if a campaign flow is sent or scheduled to send during Oklahoma’s quiet hours, Postscript will hold off sending the campaign to any Oklahoma-based recipients (determined by the subscriber’s area code) until waking hours begin in the subscriber's timezone.
For shops using Dynamic Hosted Messaging Terms and Messaging Privacy Policy, no action is required. Postscript has already taken care of updating the messaging terms and messaging privacy policies to reflect the changes.
For shops that are not using Dynamic Hosted Messaging Terms and Messaging Privacy Policy, please find updated disclaimer language below to manually update Section 12 of your Terms and Conditions. View our full Terms of Service template and instructions here.
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
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